Brief facts of the complaint are that on 30/6/2009 some employees of the opposite parties were on checking duty and no illegal motor was detected from any field and these persons asked the complainant to sign on the printed form as his signatures were required to show that employees have come for checking and on their request, complainant signed on the blank form whereas complainant never committed theft of electricity and has assailed recovery of penalty charges of Rs.23213/- by the opposite parties slapped upon him which is illegal as the opposite party has no right to demand the same as the complainant never committed theft of energy. Thus there is deficiency in service on the part of opposite parties.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement.

3. In support of his version complainant has produced in evidence affidavit Ex.CA and notice Ex.C1.

4. On the other hand opposite parties produced in evidence affidavit and documents Ex.R1 to R3.

5. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. The main plank of arguments of learned counsel for the complainant is that recovery of penalty charges of Rs.23213/- by the opposite parties slapped upon the complainant is illegal as the opposite party has no right to demand the same as the complainant never committed theft of electricity. Counsel for the complainant has further argued that on 30/6/2009, some employees of the opposite parties were on checking duty and no illegal motor was detected from any field and these persons asked the complainant to sign on the printed form as his signatures were required to show that employees have come for checking and on their request, complainant signed on the blank form whereas complainant never committed theft of electricity and has requested to quash the demand.

On the other hand counsel for the opposite parties counter argued that on 30/6/2009 about 11.05 AM the officers of the opposite parties visited the fields of the complainant and in the presence of complainant found that he was illegally using 3 BHP motor from LT line after connecting the wire to his motor directly without getting any connection sanctioned from the PSEB The entire proceedings conducted about visit of the premises and checking thereof and detection of theft of energy by the complainant as per rules and circulars of the opposite parties and penalty amounting to Rs.23213/- was rightly slapped upon the complainant for theft of electric energy. As such there is no deficiency in service on the part of opposite parties.

7. We have considered rival contentions of counsel for the parties. No doubt amount of Rs.23213/- is sought to be fastened upon the complainant on the allegation of committing theft of electricity vide provisional order of assessment for unauthorized use/theft of electricity under section 126/135 of the Indian Electricity Act, 2003 by the opposite parties vide memo NO.806 dated 6/7/2009 and sought to be proved through affidavit Ex.R2 of Ashok Kumar Sabharwal Addl. SE construction division PSEB, APDRP, Kapurthala, member of the checking team headed by him and supported vide affidavit Ex.R3 of Lalit Mohan JE Construction Division, PSEB APDRP, Kapurthala that on 30/6/2009 at about 11.05 they visited the fields of the complainant and in the presence of the complainant found that he was illegally using 3 BHP motor ( Mono block motor) directly from LT line after connecting the wire with LT line passing nearby to his motor and thus was committing theft of energy directly without getting any connection from PSEB. They noted their observations in the checking register at 6/46 dated 30/6/2009. Complainant signed the checking report after admitting the same to be correct and also received copy of the same at the spot. Ex.O3 is memo No.807 dated 7/7/2009 reference of the opposite party NO.1 sent to Inspector Vigilance Anti Theft Police Station, Jalandhar for registration of case against the complainant on account of alleged theft of electricity committed by the complainant. And the demand of Rs.23213/- raised by the opposite parties to the complainant with provisional order of assessment for unauthorized use/theft of electricity under section 126/135 of I.E.A. 2003 Ex.O2 is quite genuine and is in accordance with the rules and regulations of the department. we find that opposite parties have proved their case beyond any reasonable doubt.

In the ultimate analysis of aforesaid discussion, complainant is having no force in his complaint and same is hereby dismissed with no order as to costs.

Let certified copies of order be supplied to the parties without delay and free of cost and file be consigned to record room.

Announced : Shashi Narang Gulshan Prashar Paramjit Singh

18.9.2009 Member Member President.